Removal Defense

Houston Removal Defense Lawyer

Also Fighting for Clients in Galveston & Throughout Southeast Texas

Removal defense refers to the legal process in immigration law where you have the right to challenge being deported from the U.S. If you or a family member is facing deportation, it is critical that you work with an experienced immigration attorney. Both documented and undocumented immigrants are at risk of deportation. 

Those facing deportation are not entitled to be provided with a lawyer under U.S. law. The Sixth Amendment of the Constitution guarantees public defenders to those facing criminal charges. However, deportation is not a criminal matter but a civil process. 

Trying to navigate the process on your own is extremely difficult. You will need to present convincing arguments and evidence supporting your case to remain in this country. To do so, you need to thoroughly understand U.S. immigration law and the options available for defense.

Maranto Law Firm focuses the largest portion of its practice on immigration law. Our attorney can thoroughly review your case to determine the best path to take in pursuing your right to remain in this country. 

Connect with Maranto Law Firm to schedule a free consultation with our Houston removal defense attorney by sending us an email or calling (855) 961-0601. Hablamos español.

What Makes an Immigrant Deportable?

U.S. immigration law outlines various situations and crimes that make immigrants in this country eligible to be removed. 

Examples of these include but are not limited to:

  • Smuggling
  • Marriage fraud
  • Crimes of moral turpitude 
  • Multiple criminal convictions
  • Aggravated felonies
  • Drug offenses
  • Firearms offenses
  • Trafficking
  • Domestic violence
  • Failure to register a change of address
  • Document fraud

The Removal Process

The deportation process involves various steps and courts. With the help of our attorney, you may be able to use a legal strategy that applies to your case.

The process includes:

  1. Notice to Appear (NTA): The removal process begins when the Department of Homeland Security (DHS) issues you a Notice to Appear (NTA). The NTA contains allegations of your immigration status and reasons for removal.
  2. Master Calendar Hearing: After receiving the NTA, you must attend a Master Calendar Hearing, a preliminary hearing in front of an immigration judge. During this hearing, you may admit or deny the allegations and request time to find legal representation if needed.
  3. Individual Merits Hearing: If you contest the removal, the case proceeds to an Individual Merits Hearing. This is a more detailed hearing where you present your defense and submit evidence to support your case.
  4. Appeals: If the immigration judge rules against you, you have the right to appeal the decision to the Board of Immigration Appeals (BIA). Further appeals may be made to federal circuit courts and, rarely, the U.S. Supreme Court.

How to Fight Deportation

Various defense options may be available, depending on the facts and circumstances of your case. Examples of these include claiming asylum, petitions for cancellation of removal, adjustment of status, petitions for waivers of inadmissibility, or prosecutorial discretion, (which may be available due to humanitarian reasons). 

Fighting deportation in the United States can be a complex and challenging process, but there are several avenues to explore.

Here are some general options:

  • Seek Legal Representation: The first and most crucial step in fighting deportation is to find an experienced immigration attorney. They can assess your situation, explain your rights, and guide you through the process.
  • Adjustment of Status: If you're eligible for a green card (lawful permanent residence) through a family member, employer, or other means, your attorney can help you apply for an adjustment of status.
  • Cancellation of Removal: In some cases, you may be eligible for cancellation of removal. This is available to certain non-permanent residents who have been in the U.S. for a specified period and can demonstrate strong ties to the country.
  • Asylum or Withholding of Removal: If you fear persecution in your home country, you can apply for asylum or withholding of removal. You must meet specific criteria and prove your eligibility.
  • Prosecutorial Discretion: Immigration authorities may choose to close or administratively close your case, focusing on higher-priority removals.
  • Appeal and Review: If you receive a deportation order, you can appeal to the Board of Immigration Appeals (BIA) and, in some cases, to federal courts.

It's important to consult with a deportation attorney who can evaluate your specific circumstances and advise on the best strategy for fighting deportation in your unique case.

Our attorney can review your situation to determine your options in these matters. Working with an experienced immigration lawyer can help increase your chances of remaining in the U.S. 

Why is it Crucial to Seek Immediate Assistance From an Immigration Attorney When Facing Deportation?

  • Knowledge of immigration law: Immigration attorneys have a deep understanding of the complex and ever-changing immigration laws and regulations. They can provide accurate and up-to-date legal advice tailored to your specific situation.
  • Protection of rights: An immigration attorney can ensure that your rights are protected throughout the deportation process. They will advocate for you, help you understand your options, and guide you on the best course of action.
  • Strategic defense: With their expertise, immigration attorneys can develop effective defense strategies based on the specific circumstances of your case. They will assess the evidence, identify potential legal avenues, and present compelling arguments in court.
  • Access to relief options: Immigration attorneys are well-versed in the various relief options available to individuals facing deportation. They can determine if you qualify for any forms of relief, such as asylum, cancellation of removal, or adjustment of status, and assist you in pursuing those options.
  • Procedural guidance: Navigating the deportation process can be complex and overwhelming. An immigration attorney will guide you through the procedural requirements, including filing deadlines, paperwork, and court appearances, ensuring that you meet all necessary obligations.
  • Court representation: If your case goes to immigration court, having an immigration attorney by your side is crucial. They will represent you before the immigration judge, presenting your case persuasively and advocating for a favorable outcome.
  • Peace of mind: Deportation proceedings can be emotionally challenging and stressful. By having an experienced immigration attorney handle your case, you can have peace of mind knowing that you have a dedicated advocate fighting for your rights and best interests. 

Request your free consultation by calling us at (855) 961-0601

Houston's Immigration Attorney The Maranto Law Firm is a Houston based law firm providing help to all those in need.